Heard leaned counsel, Sri Shivaraj P.Mudhol, for the

petitioner and learned High Court Government Pleader for

respondent-State.

2.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer.

<To quash the entire criminal proceedings in

Kittur Police Crime No.0096/2019 pending on the

file of Principal Civil Judge and JMFC Court at

Kittur, Dist. Belagavi, for an offence punishable

under Section 32 and 34 of the Karnataka Excise

Act, insofar as it relates to the petitioner

(accused No.4) is concerned by allowing this

criminal petition.=

3.

Brief facts of the case are as under:

Petitioner has been charge sheeted for the offences

punishable under Sections 32 and 34 of the Karnataka

Excise Act and summons have been issued and the same

is under challenge. The gist of the complaint averments

reveal that when the complainant was on duty, he

received credible information stating that two persons

- 3 -

carrying wine packets on their motorcycle proceeding from

M.K.Hubli towards Ambadgatti and were indulged in sale

of liquor. On credible information, head of the raid party

along with panch witnesses went to the spot and were on

watch and on confirmation, raided and captured the

person who was indulged in selling of the liquor sachets

illegally and he is arraigned as accused No.4 in the charge

sheet. Further, the police investigated and based on the

information collected by the police, accused Nos.1, 2 and

3 have also been arraigned as additional accused in the

case and they have been charge sheeted. The action of

the police is challenged in the present petition.

4.

Reiterating the grounds urged in the petition,

Sri Shivaraj P.Mudhol, learned counsel for the petitioner

vehemently contended that in the absence of any

incriminatory materials found against accused No.4, he

has been falsely implicated by the police in order to harass

him and therefore, sought for allowing the petition.

- 4 -

5.

Per contra, learned High Court Government

Pleader submits that, in the charge sheet materials

necessary

information

has

been

gathered

by

the

investigating agency to establish nexus between the

petitioner and the incident and therefore, sought for

dismissal of the petition.

6.

Perused the material on record meticulously, in

the light of rival contentions of the parties.

7.

Admittedly on the day of the raid, the police

were only able to catch accused No.1 to 3, where they

were found selling the liquor sachets kept in box.

Subsequent thereto, the police investigated the matter

and filed charge sheet against the present petitioner also.

The charge sheet materials do not indicate that, the liquor

sachets seized by the head of the raid party on the date of

raid were in fact supplied by accused No.4 from Savita

Wine Shop. No other material is forthcoming so as to

proceed against the petitioner.

- 5 -

8.

The investigation agency has not collected any

material to establish that the sold liquor packets are

actually purchased from petitioner9s shop or belongs to

petitioner. Under such circumstances, in the absence of

nexus, criminal action is impermissible.

9.

Learned counsel for the petitioner also placed

reliance on the judgment of the Co-ordinate Bench of this

Court dated 02.07.2020 passed in Crl.P.No.100827/2019

and connected matters. In the said case, Co-ordinate

Bench of this Court has referred to other judgments of

Co-ordinate Bench of this Court in paragraph Nos.10, 11

and 13 of its judgment. For ready reference paragraph

Nos.10, 11 and 13 are extracted hereunder.

<10. In a decision reported in (2013) 1

KCCR 334 case of K.Ramachandra Reddy Vs.

State of Karnataka by the Station House

Officer & Another, it is observed as under:

"23. The position in law will have to be

referred to at this juncture. This Court, in the

case M/s. Vijaya Bank Vs. State by the Labour

Enforcement Officer, reported in ILR 2000

Karnataka

4773,

has

held

that

taking

- 6 -

cognizance of an offence being a judicial act

after

application

of

kind,

the

Magistrate

Prof